Navy Pays Lost Profits For Misappropriating FSS Contractor's Data
Client Alert | less than 1 min read | 03.10.04
In Data Enterprises of the Northwest v. GSA, GSBCA No. 1560 (Feb. 4, 2004), the GSBCA determined that the Navy had breached its FSS contract with a supplier of commercial software when it used the contractor's proprietary software documentation and data dictionary to develop competing software. The board granted the contractor lost profits on contract sales of its commercial software that it would have made absent the breach, through 2006.
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Client Alert | 2 min read | 06.15.26
Kansas Federal Court Applies “Selective Enforcement” Theory to Reject DTSA Claim
A Kansas federal court held that inconsistent enforcement of trade secret rights can defeat a claim under the Defend Trade Secrets Act (DTSA). In Edelman Financial Engines, LLC v. Mariner Wealth Advisors LLC, No. 2:23-cv-02515-HLT (D. Kan. June 5, 2026), the court applied a selective enforcement theory, holding that when a company does not consistently pursue legal remedies against similarly situated former employees, that inconsistency can be affirmative evidence that it failed to protect its trade secrets. While the selective enforcement theory has appeared in academic hypothetical discussions, the decision appears to be one of the clearest judicial applications of a “selective enforcement” theory in a trade secret case.
Client Alert | 3 min read | 06.12.26
Client Alert | 4 min read | 06.12.26
Auto Dealers: The FTC Is Back in the Driver’s Seat — Warning Letters Signal Renewed Federal Scrutiny
Client Alert | 13 min read | 06.12.26
